On January 19, the French Supreme Court (Cour de cassation) issued a reminder that when an employer uses an employee's image, whether for internal use (e.g., in a "trombinoscope") or external use (e.g., on the company's website, posters, etc.), he or she must obtain the employee's prior consent.
If an employer uses an employee's image without the employee's consent, the employee is entitled to compensation without having to prove any prejudice.
Use of an employee's image without consent = damages for the employee.
This also applies to former employees who have left the company. Even after the employment contract has been terminated, the former employee's consent to the publication of his or her image is still required.
To use an employee's image, the employer must :
- obtain consent
- ensure that the image is used only for the period for which the employee has given his consent
